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CIRCULAR

Guiding the financial regime and customs procedures applicable to Van Phong economic Zone, Khanh Hoa province

Pursuant to the State Budget Law;

Pursuant to the Laws and Ordinances on taxes, charges and fees;

Pursuant to the Prime Minister's Decision No. 92/2006/QD-TTg of April 25, 2006, on the establishment of Van Phong Economic Zone, Khanh Hoa province, and the promulgation of its operation regulation;

The Finance Ministry guides the financial regime and customs procedures applicable to Van Phong Economic Zone as follows:

I. GENERAL PROVISIONS

1. Scope of application:

The financial regime and customs procedures provided in this Circular (hereinafter referred to as the financial regime for short) apply in Van Phong Economic Zone, Khanh Hoa province (hereinafter called Van Phong EZ for short).

The financial regime provided in this Circular applies only to production and business activities conducted in Van Phong EZ. If an organization or individual conducts business activities in both Van Phong EZ and inland Vietnam, it/he/she shall account separately business activities conducted in Van Phong EZ so as to have a ground for determination of the applicable financial regime.

Foreign-invested enterprises and foreign parties to business cooperation contracts which have been granted investment licenses; domestic production and business establishments which have been granted investment preference certificates in Van Phong EZ before the effective date of the Prime Minister's Decision No. 92/2006/QD-TTg of April 25, 2006 (hereinafter called Decision No. 92/2006/QD-TTg for short), but have not fully enjoyed the preferences may enjoy the preferential policies provided in this Circular for the remaining preferential period. If a project has enjoyed preferences higher than those provided in this Circular, it may continue enjoying those preferences for the remaining duration according to the investment license.

2. Subjects of application:

Subject to this Circular are:

Investors of all economic sectors operating under the Investment Law, the Enterprise Law or the Cooperative Law, individual business households and independent practitioners, organizations and individuals conducting business activities in Vietnam in accordance with the provisions of law.

3. Interpretation of terms:

In this Circular, the following terms are construed as follows:

- Non-tariff zone means a geographical area separated by solid fences from other functional zones in Van Phong EZ according to the provisions of Articles 7 and 8 of Decision No. 92/2006/QD-TTg.

- Functional zones include the industrial park, the port and port logistic service area, the tourist and entertainment service area, the population quarter and the administrative quarter within Van Phong EZ (excluding the export-processing zone), which are defined in the general planning on Van Phong EZ approved by the Prime Minister.

- Inland Vietnam means functional zones within Van Phong EZ and the remaining part of the territory of Vietnam (except the zones similar to the non-tariff zone specified in Clause 1, Article 5 of Law No. 45/2005/QH11 of June 14, 2005 on Import Tax and Export Tax (amended) and the export-processing zone).

- Customs control gate: The non-tariff zone has two customs control gates: one at the junction between the non-tariff port and the tariff port and the overseas area, called gate A for short; and the other at the junction between the non-tariff port and inland Vietnam, called gate B for short.

- List of goods originating from the non-tariff zone means the list of goods promulgated by the Management Board of Van Phong EZ (called the Management Board for short) for a certain period, which includes commodities produced, processed, recycled or assembled in the non-tariff zone without the use of raw materials or components imported from foreign countries.

4. Conditions for application of the financial regime related to the non-tariff zone

The financial mechanisms provided for the non-tariff zone in Van Phong EZ apply only when the non-tariff zone fully satisfies the following conditions:

- Having a solid fence to ensure the isolation of activities within it from those in other functional zones in Van Phong EZ;

- Having no population quarter, no permanent or temporary residents (including foreigners);

- Having customs offices to supervise and check people, goods and means of transport entering or leaving the non-tariff zone.

5. Some general provisions on customs procedures applied in the non-tariff zone

a/ Organizations and individuals operating in the non-tariff zone are entitled to export to or import from abroad all kinds of goods and services not banned by Vietnamese law. The policy on imports and exports shall comply with the Prime Minister's regulations on goods import and export management in each period and the guiding documents of concerned ministries and branches. The import and export of goods on the list of goods subject to conditional import or export or goods subject to business restriction shall comply with the guidance of the Trade Ministry.

b/ Biannually, enterprises in the non-tariff zone shall send to customs offices reports on finalization of supplies, raw materials and materials and goods imported or exported in the period and reports on warehoused, ex-warehoused or unsold products. Customs offices shall conduct examination and comparison and send those reports to tax offices for inspection and determination of payable tax amounts.

c/ Import, export or transit goods and luggage; means of transport on entry, exit or transit in the non-tariff zone are subject to customs procedures provided for them respectively.

d/ Import, export or transit goods; means of transport on entry, exit or transit are allowed to go through the non-tariff zone via gates A and B only.

e/ Goods exported from the inland into the non-tariff zone or vice versa and goods imported from abroad into the non-tariff zone through gate B must go through customs procedures at gate B; goods imported from abroad into the non-tariff zone and goods exported from the non-tariff zone to foreign countries through gate A must go through customs procedures at gate A.

f/ Goods exported from the inland to foreign countries or imported from abroad into the inland through gate A must go through customs procedures under current regulations at gate A or at the border-gate customs sub-department. If customs procedures are carried out at the border-gate customs sub-department, they must comply with the regulations on goods transferred from border gate to border gate.

g/ Apart from the above provisions on customs procedures, concerned parties shall perform other obligations specified in the Customs Law, the Import Tax and Export Tax Law and other legal documents on import and export.

6. Principles on investment preferences

Projects of investment in Van Phong EZ enjoy the maximum preferences provided for those in areas meeting with exceptional socio-economic difficulties under the Investment Law, the Enterprise Income Tax Law, the Value Added Tax Law and other preferences under treaties, bilateral and multilateral commercial contracts to which Vietnam is a contracting party.

If legal documents provide different levels of preferences for the same subject, the preference level defined in the document with higher legal effect applies.

If legal documents promulgated by the same agency provide for the same matter differently, the provisions of the latest document apply.

II. SPECIFIC PROVISIONS

1. Tax policies for Van Phong EZ

1.1. Enterprise income tax (EIT):

a/ Investment projects of domestic and foreign organizations and individuals on formation of new production or business establishments in Van Phong EZ enjoy the EIT rate of 10% for 15 years after they commence their business operation; are exempt from EIT for 4 years after the taxable incomes are generated; and are entitled to the 50% reduction of the payable tax amounts for 9 subsequent years.

b/ Hi-tech investment projects of domestic and foreign organizations and individuals in Van Phong EZ, which satisfy the requirements defined in Clause 2, Article 5 of the Government's Decree No. 99/2003/ND-CP of August 28, 2003, promulgating the Regulation on Hi-Tech Parks, enjoy the EIT rate of 10% throughout the project execution duration.

c/ Production or business establishments investing in the building of new production lines, in the scope expansion, technology renewal, eco-environmental improvement or raising of production capacity shall comply with current provisions of law.

d/ Taxable incomes from the transfer of land use rights or land rent rights are liable to income tax under the guidance in Section C of the Finance Ministry's Circular No. 128/2003/TT-BTC of December 22, 2003, guiding the implementation of the Government's Decree No. 164/2003/ND-CP of December 22, 2003, detailing the implementation of the EIT Law.

e/ In order to enjoy EIT preferences, organizations and individuals having projects of investment in Van Phong EZ shall submit copies of their business registration certificates (for domestic enterprises) or investment licenses (for foreign-invested enterprises) to tax offices where the enterprises make tax payment declaration. The EIT preferences apply only to production or business establishments that fully implement the already registered accounting, invoice and voucher regimes, and pay taxes according to declarations.

f/ In the course of operation, after finalizing taxes with tax offices, if suffering losses, enterprises may carry forward their losses to subsequent years for credit from taxable incomes. The duration for carrying forward losses shall not exceed 5 years.

g/ Enterprises shall notify tax offices in localities where they make tax payment declarations of the EIT exemption or reduction duration as mentioned in this Clause.

1.2. Income tax on high-income earners:

Laborers (including Vietnamese and foreigners) working in Van Phong EZ enjoy the 50% reduction of payable income tax amounts for incomes earned from working in Van Phong EZ, including regular and irregular incomes.

The tax declaration, payment and finalization shall comply with current legal documents guiding income tax on high-income earners.

1.3. Import tax and export tax:

a/ Goods imported or exported in the following cases are not subject to import tax or export tax:

- Goods exported from the non-tariff zone to foreign countries; goods imported from abroad into the non-tariff zone for use in the non-tariff zone only;

- Goods transferred or sold from the non-tariff zone to other non-tariff zones (being those specified in Clause 1, Article 5 of the 2005 Import Tax and Export Tax Law (amended)), to export-processing enterprises or bonded warehouses and vice versa.

- Goods not liable to export tax, originating from inland Vietnam and brought into the non-tariff zone.

b/ Goods liable to export tax, imported from inland Vietnam into the non-tariff zone are subject to export tax payment and go through export procedures under current regulations.

c/ Goods imported from the non-tariff zone into inland Vietnam are subject to import tax payment according to the following provisions:

- Goods of foreign origin are subject to import tax payment under current regulations.

- If satisfying all the conditions under current regulations, goods produced, processed, recycled or assembled in the non-tariff zone may enjoy the CEPT preferential import tax rates.

- Goods on the list of goods brought into the inland from the non-tariff zone are not subject to import tax payment.

- When imported into inland Vietnam, goods produced, processed, recycled or assembled in the non-tariff zone in Van Phong EZ with the use of raw materials or components imported directly from abroad (excluding goods imported from inland Vietnam with the use of raw materials and/or components imported from abroad) are only subject to import tax on imported raw materials and/or components constituting those goods.

Bases for determining payable import tax on raw materials and/or components imported from abroad and constituting goods imported into inland Vietnam include:

The tax calculation price set under current regulations; the volume of goods imported into inland Vietnam; and the import tax rate for each kind of raw material or component. The tax calculation prices and tax rates apply at the time of opening declarations on import of goods into the inland. Production or business organizations and individuals shall register with customs offices lists of imported goods for use as raw materials for the production of goods for import into the inland as well as norms of raw materials and/or components to be used for the production of goods before they are imported into inland Vietnam.

The value of imported raw materials and/or components constituting every unit of goods imported into the inland is determined according to regulations on import tax calculation prices for imported goods at the time the goods are imported into inland Vietnam.

d/ Production investment projects of domestic and foreign organizations and individuals in Van Phong EZ enjoy import tax exemption for 5 years after the production is commenced, for production raw materials, supplies, components and semi-finished products which cannot be made at home yet.

Procedures and dossiers for import tax exemption, declaration and finalization in this case shall comply with the Import Tax and Export Tax Law; the Government's Decree No. 149/2005/ND-CP of December 8, 2005, and the Finance Ministry's Circular No. 113/2005/TT-BTC of December 15, 2005, guiding the implementation of import tax and export tax.

e/ Domestic and foreign organizations and individuals engaged in production or business activities in the non-tariff zone may sell into inland Vietnam the production raw materials, supplies or goods which were imported from abroad but have not been used up, and byproducts still of a commercial value, and shall pay import tax according to current regulations after completing customs procedures.

1.4. Special consumption tax (SCT):

a/ Goods and services liable to SCT, which are produced and consumed in the non-tariff zone or imported from abroad into the non-tariff zone or vice versa, are not subject to SCT. Particularly, cars of under 24 seats are subject to SCT payment according to current general regulations.

b/ Goods and services liable to SCT, which are exported from inland Vietnam into the non-tariff zone, are not subject to SCT. Particularly, cars of under 24 seats are subject to SCT payment according to current general regulations.

c/ Goods and services liable to SCT, which are transferred or sold from the non-tariff zone to export-processing zones or vice versa, are not subject to SCT.

d/ Goods liable to SCT, which are imported from the non-tariff zone into inland Vietnam, are subject to SCT on import goods according to current regulations.

1.5. Value added tax (VAT):

Enterprises in Van Phong EZ may use added value invoices according to current regulations, make VAT registration, declaration and payment in the cases subject to VAT payment under the provisions of this Circular. For goods not subject to VAT payment, the VAT line in VAT invoices must be crossed out (x), specifically:

a/ Goods and services produced and consumed in the non-tariff zone or imported from abroad into the non-tariff zone or vice versa are not subject to VAT.

b/ Goods and services transferred or sold from the non-tariff zone to export-processing zones or vice versa are not subject to VAT.

c/ Goods and services exported from inland Vietnam into the non-tariff zone enjoy the VAT rate of 0%.

d/ Goods and services imported from the non-tariff zone into inland Vietnam are subject to VAT on import goods at the current tax rates. Specifically, when selling those goods or services to enterprises, organizations or individuals in inland Vietnam, enterprises in the non-tariff zone shall make VAT-exclusive invoices with the VAT rate and amount lines crossed out. Enterprises, organizations and individuals in inland Vietnam (or enterprises in the non-tariff zone in Van Phong EZ in cases where they themselves carry goods into the inland for sale) shall only pay VAT on imports according to customs declarations upon carrying out procedures for import into the inland market.

1.6. Prices, charges, fees and other taxes:

a/ Land rent or lease rates for land on which technical infrastructures have been built, charges for the use of technical infrastructures, service and public facilities in Van Phong EZ are determined by enterprises dealing in infrastructures after they reach agreement with the Management Board of Van Phong EZ.

b/ Other taxes, charges and fees comply with current provisions of the tax laws, the Investment Law, the Ordinance on Charges and Fees and legal documents guiding the implementation thereof.

2. Customs procedures for goods brought in or out of the non-tariff zone

2.1. For goods imported from abroad into the non-tariff zone:

a/ Import of goods into the non-tariff zone through gate A:

- Production or business organizations and individuals conducting the import thereof shall make customs declarations and submit customs dossiers strictly according to current regulations for each form of goods import under the provisions of Clause 5, Section I of this Circular.

- The customs office at gate A shall carry out necessary procedures for each kind of goods according to current regulations.

b/ Import of goods into the non-tariff zone through gate B shall comply with current regulations on import goods transferred from border gate to border gate.

2.2. For goods imported from abroad into inland Vietnam or exported from the inland to foreign countries through gate A: The current regulations apply.

2.3. For goods exported from the inland into the non-tariff zone:

a/ If inland production or business organizations and individuals register to fill in the customs procedures at the gate-B customs office, they shall make customs declarations and submit customs dossiers according to regulations for each form of export. In case of internal transportation between enterprises and their branches inside and outside the non-tariff zone, sale and purchase contracts may be substituted with ex-warehousing bills. The gate-B customs office shall carry out all export procedures for inland production or business organizations and individuals strictly according to regulations for each form of export.

b/ For inland production or business organizations and individuals that register their export declarations at the border gate with the inland customs office: The customs procedures shall comply with current regulations on export goods transferred from border gate to border gate. The gate-B customs office shall perform tasks of the export border-gate customs for those goods (except for certification of actual export).

2.4. For goods exported from the non-tariff zone to foreign countries:

a/ Through gate B: They comply with current regulations on export goods transferred from border gate to border gate.

b/ Through gate A: The registration for customs clearance must be made at the gate-A customs office, which shall carry out customs procedures according to current regulations on export goods.

2.5. For goods imported into the inland from the non-tariff zone:

a/ Goods on the list of goods originating from the non-tariff zone are exempt from customs procedures but must be declared in terms of quantity to customs offices and subject to the latter's supervision.

b/ For other goods, the customs procedures must be fully carried out, specifically:

- Production or business organizations and individuals in the non-tariff zone (sellers) shall supply to inland production or business organizations and individuals (purchasers) all vouchers, invoices and other papers according to the regulations of customs offices so that the inland enterprises make customs declaration and submit customs dossiers strictly according to regulations for each form of import at the gate-B customs office.

- The gate-B customs office shall carry out the customs procedures for import goods of inland enterprises according to regulations. If it is detected that foreign goods brought into the non-tariff zone for further import into the inland are of the same category as those on the list of goods originating from the non-tariff zone as notified by the Management Board of Van Phong EZ, but have not been declared by enterprises with the customs office, the gate-B customs office shall request the production of vouchers evidencing the origin of concerned goods lots; handle violations and carry out import procedures for the goods lots under the provisions of law; and at the same time, notify the Management Board of Van Phong EZ so that the latter can take management measures or exclude the goods from the list of goods originating from the non-tariff zone.

2.6. For processed goods:

Customs procedures for goods processed by production or business organizations and individuals in the non-tariff zone for foreign traders or by hired inland production or business organizations and individuals or vice versa shall comply with current regulations.

2.7. Goods temporarily exported for re-import; temporarily imported for re-export; transferred from border gate to border gate; in transit or transported

Goods imported, exported or in transit and means of transport on entry, exit, in transit or transported via the non-tariff zone may only go through gates where exist customs control stations. Customs procedures for goods temporarily exported for re-import; temporarily imported for re-export; transferred from border gate to border gate; in transit or transported in the non-tariff zone shall comply with current regulations.

2.8. Apart from the guidance in this Circular, enterprises shall also perform other obligations specified in the Customs Law, the Import Tax and Export Tax Law and other guiding documents on customs.

3. Preferential regime for infrastructure development

3.1. State budget investment support for infrastructure construction:

a/ Scope and subjects of state budget investment support

- State budget investment supports for construction of important socio-economic technical infrastructures, service and public facilities in common service of Van Phong EZ under target programs are arranged according to the estimates approved by competent authorities. The state budget supports are only provided for investment in the construction of common infrastructures of the entire Van Phong EZ, not infrastructures reserved exclusively for each functional zone in Van Phong EZ (except for investment support for the construction of concentrated wastewater and waste treatment works of functional zones and support for compensation and ground clearance in functional zones and for resettlement of families having land recovered).

- The state budget investment supports for construction of infrastructure in Van Phong EZ are made strictly according to projects in line with plannings already approved by competent authorities.

- The Management Board of Van Phong EZ shall act as the local plan coordinator and be allocated with separate capital construction capital from the state budget for infrastructure construction in Van Phong EZ; and shall act as the investor directly managing state budget-funded projects on infrastructure construction within Van Phong EZ according to the current legal provisions on investment and construction management.

b/ State budget investment supports for infrastructure construction

- Within the first 15 years after Decision No. 92/2006/QD-TTg takes effect, annual capital investment from the state budget for the construction of infrastructures of Van Phong EZ must not be lower than the total budget revenue in Van Phong EZ to be remitted into the State Treasury, covering collected import tax, export tax, special consumption tax on imports, enterprise income tax and income tax on high-income earners and other lawful revenues (except for VAT on imports). Particularly, import tax, export tax and special consumption tax on imports shall be applicable to actually imported or exported goods for which customs declarations and actual inspection have been made in Van Phong EZ and taxes have been paid to the State Treasury in Khanh Hoa province. Annually, on the basis of socio-economic infrastructure construction investment projects already approved by competent authorities, project execution schedules, the State Budget Law's provisions and estimates of state budget revenue in Van Phong EZ, the central budget shall make additional and targeted allocations to Khanh Hoa province for investment in infrastructure works of Van Phong EZ.

- The central budget's targeted support capital for the budget of Khanh Hoa province for investment in socio-economic infrastructure works, service and public-utility facilities of Van Phong EZ must be clearly identified in the state budget estimates assigned to Khanh Hoa province. Annually, apart from the central budget support, Khanh Hoa province shall make local budget estimate for investment in socio-economic infrastructures, service and public-utility facilities in Van Phong EZ according to the provisions of Point a of this Clause.

c/ Revenues arising in the zone must be remitted into the state budget. The decentralization of revenue sources between the central budget and the local budget complies with the current provisions of law.

d/ The management and use of state budget support capital for investment in the construction of infrastructures in Van Phong EZ:

The state budget support capital for investment in the construction of infrastructures in Van Phong EZ is managed and used according to the regulations on management of investment and capital construction, the State Budget Law and current guiding documents. The elaboration of estimates must comply with the provisions of the State Budget Law.

3.2. Use of land fund for the creation of capital for infrastructure development:

The Management Board shall act as the major unit to be assigned with annual plan targets and as the investor directly managing the projects which use the land fund of Van Phong EZ; and organize bidding for selection of units with full financial capability, experience and prestige for execution of infrastructure projects invested with capital from the land fund in Van Phong EZ.

The Management Board shall make a list of investment projects on infrastructure construction involving the use of land areas for capital creation for execution of projects, which must be sent to the provincial Finance Service and the Planning and Investment Service for making sum-up in accordance with the provisions of the State Budget Law. That sum-up must subsequently be submitted to the People's Committee of Khanh Hoa province for further submission to the provincial People's Council or for decision according to its competence.

Based on the local land use planning, the potentiality of collecting land use levies, rents from auctioned land, land use levies or rents not through auction; the demand for payment of compensation and support for people having land recovered, and the demand for making expenses for investment in state budget-funded infrastructure works under the provisions of law, the People's Committee of Khanh Hoa province shall direct the finance agency to incorporate such revenues and expenditures in the annual state budget estimates to be submitted to the People's Council of the same level for decision.

Based on the annual budget estimates decided by the People's Council, the People's Committee shall assign the finance agency to coordinate with concerned units in organizing the collection of revenues and making of expenses from land use levy and land rent sources and account them into the state budget under the prescribed regime.

If organizations or individuals advance funding for compensation and support for people having land recovered to invest in state budget-funded infrastructure works before conducting auction to collect land use levies and land rents, the land use levy and land rent revenues to be refunded to such organizations or individuals must be fully accounted into the state budget in accordance with current provisions of law.

The use of land fund to create capital for the construction of infrastructure in Van Phong EZ shall comply with the Government's Decree No. 181/2004/ND-CP of October 29, 2004, on implementation of the Land Law, Decree No. 17/2006/ND-CP of January 27, 2006, amending and supplementing a number of articles of the Decrees guiding the implementation of the Land Law, the Prime Minister's Decision No. 216/2005/QD-TTg of August 31, 2005, promulgating the Regulation on auction of land use rights for allotment of land with the collection of land use levies or for land lease, and other relevant current provisions of law.

3.3. Mobilization of capital through the issuance of construction bonds:

The People's Committee of Khanh Hoa province may issue construction bonds within the country to mobilize capital for large-sized infrastructure construction projects decisive to the development of Van Phong EZ in accordance with current provisions of law.

3.4. Investment in infrastructures with ODA and other capital sources:

Socio-technical infrastructure works, necessary service and public-utility facilities in Van Phong EZ and other technical supports are the first to be included in the list of projects calling for ODA capital and other capital sources according to the provisions of Article 20 of the Regulation on Van Phong EZ, issued together with Decision No. 92/2006/QD-TTg.

4. Preferential credit regime:

Domestic enterprises of all economic sectors that have projects of investment in production or business in Van Phong EZ are considered for state preferential credit loans under the Government's current regulations on development investment credit.

5. Financial regime applicable to the Management Board of Van Phong EZ:

5.1. The Management Board is the local budget-estimating unit. Its operation funding is guaranteed by the local budget. All the prescribed revenues under its management must be remitted into the state budget according to regulations.

5.2. The Management Board is allowed to collect charges and fees corresponding to its tasks assigned by competent state management bodies under current regulations. When authorized by competent state management bodies to perform the collection task, the Management Board shall notify and register such with the tax office in the area where it is headquartered in order to carry out procedures for remittance of charge and fee amounts collected in the performance of its authorized tasks.

III. ORGANIZATION OF IMPLEMENTATION

1. The People's Committee of Khanh Hoa province shall assure the conditions prescribed in Clause 4, Section I, for the non-tariff zone to apply the financial regime provided in this Circular. Unless all conditions are satisfied, this financial regime does not apply.

2. The General Department of Customs has the responsibility:

Based on this Circular's provisions on customs procedures and current regulations on customs process and procedures applicable to non-tariff zones, to provide specific customs process and procedures applicable to the non-tariff zone in Van Phong EZ.

3. The Customs Department of Khanh Hoa province shall:

- Organize the fight against smuggling and trade frauds, prevent the illegal import of goods from the non-tariff zone into inland Vietnam and in other areas within the scope of its operation.

- Coordinate with the Management Board of the EZ and concerned agencies (tax, police and border-guards) in performing the tasks of fighting smuggling and trade frauds, preventing illegal import of goods from the non-tariff zone into inland Vietnam.

- Inspect, supervise goods and means of transport; prevent and combat smuggling and illegal transportation of goods across the border; organize the enforcement of law on taxes on imports and exports; organize customs stations according to regulations, suitable to the geographical characteristics of the non-tariff zone for good performance of the assigned tasks.

4. The Tax Department of Khanh Hoa province shall guide enterprises in implementing Item g, Point 1.1, Section II of this Circular and other provisions on taxation.

5. This Circular takes effect 15 days after its publication in "CONG BAO." All problems arising in the course of implementation should be reported to the Finance Ministry for study and additional guidance.